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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The plaintiff's assertion that the non-party B corporation (hereinafter "the non-party B corporation") is a constructor who did not have registered under the Framework Act on the Construction Industry, and the defendant contracted the metal works from Hyundai Construction Co., Ltd., and employed the plaintiff and the designated persons (hereinafter "the plaintiff et al.") to perform the above construction works, and then entered them in the "date of resignation" column in the separate bond list from the date of entry to the date of withdrawal, but did not pay the wages stated in the "amount of delayed payment" column in the same list.
(1) Where a subcontractor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction work") fails to pay wages (limited to wages arising from the construction work concerned) to workers he/she employs, the defendant shall be jointly and severally liable for the payment of wages to the subcontractor and the subcontractor.
As a prescribed direct contractor, the plaintiff, etc. is obligated to pay the above overdue wages.
2. Determination
A. In light of the overall purport of the pleadings in Gap evidence No. 1, around February 29, 2016, the defendant entered into a subcontract with the non-party company, which is a non-registered constructor under the Framework Act on the Construction Industry, on or around February 29, 2016, with the contract price of KRW 425 million (excluding value-added tax) as to the construction works alleged by the plaintiff, etc., as an employee belonging to the non-party company, and the fact that the plaintiff et al. worked on the above construction site for a certain period is recognized.
B. Of the defendant's assertion for convenience, the non-party company completes the registration of its business purpose with "construction business" in accordance with the Commercial Act and the Commercial Registration Act.